Patna High CourtCR. MISC./46361/2023bail granted

Basir Dewan v. The State Of Bihar

2023-07-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46361 of 2023 Arising Out of PS. Case No.-544 Year-2022 Thana- CHHATAUNI District- East Champaran ====================================================== BASIR DEWAN S/O MD. ZAHEER DEWAN R/O Village- Hasan Nagar Ghorasahan, P.S- Ghorsahan, Distt.- East Chamaparan. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Chhatauni P.S. Case No. 544 of 2022 registered for the offence under Sections 457 and 380 of the Indian Penal Code.

4. As per the prosecution case, mobile phones of worth Rs. 16 lakhs has been stolen from the shop of the informant.

5. Learned counsel for the petitioner submits that the petitioner is falsely implicated in this case and his name has only come on basis of the confessional Statement of the co-

Patna High Court CR. MISC. No.46361 of 2023(2) dt.28-07-2023 2/2 accused.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 07.01.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail by contending that the petitioner has two criminal antecedents of similar nature.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail after completing one year in custody on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran at Motihari in connection with Chhatauni P.S. Case No. 544 of 2022.

10. The petitioner will visit Ghorasahan Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T